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Franco-Spanish Bilateral Copyright Treaty , Madrid (1880)
Source: Archivo del Ministerio de Asuntos Exteriores; AMAE, Tratados s. XIX, nº 0311
Citation:
Franco-Spanish Bilateral Copyright Treaty , Madrid (1880), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
20 translated pages
Chapter 1 Page 1
COVER OF THE TREATY
Chapter 1 Page 2
The President
of the Republic of France
To all and singular to whom these Presents shall come,
Greeting
Copyright Convention
signed in Paris on 16
June 1880, between France
and Spain,
Convention with the following
content:
Chapter 1 Page 3
The President of the Republic of France
and His Majesty the King of Spain,
being equally desirous of guaranteeing
in a more efficient manner
the property of literary, scientific or artistic
works have deemed convenient
to conclude a new special convention
for that purpose, and have therefore
named as their Plenipotentiaries,
that is to say: -
The President of the
Republic of France,
Mr D. C. of Freycinet;
Senator; President of the Council,
Minister of Foreign Affairs, Officer
of the Legion of Honour, etc
Chapter 1 Page 4
His Majesty the King
of Spain,
[to] Mr Mariano Roca de
Togores, Marquis of Molins,
Viscount of Rocamora, Grandee
of Spain of the First Class
Knight of the Order of the Golden Fleece,
Grand Cross of Charles III,
Knight of Calatrava, Grand Cross
of the Legion of Honour,
of the Spanish Academy,
Senator of the Kingdom, His
Ambassador in Paris;
Who, after having
communicated to each
other their respective
full Powers, found
in good and due
form, have agreed
upon and concluded
the following Articles:
Art. 1:
From the day of coming into force
of this convention, authors
Chapter 1 Page 5
of literary work, scientific,
or artistic works, or
their sucessors in title,who,
in accordance with the laws
of one of the contracting states
establish their copyright or their right
of total or partial reproduction
lin such state, shall, subject to this ,
sole condition and and without
further formality, enjoy corresponding
rights in the other state, and shall be
able to exercise such rights there
in the same manner and
subject to the same legal
requirements as nationals.
Those rights shall be guaranteed to
the authors of the two countries
during their lifetime and
after their death
for fifty years
Chapter 1 Page 6
to their heirs, doneees,
legatees, assignees and
any other successors in title
in accordance with the legislation
of the country of the deceased author.
The term “literary,
scientific and artistic works”
includes books, pamphlets
and other writings;
dramatic works; musical
compositions and arrangements
works of drawing, painting,
sculpture , and engraving;
lithographs and illustrations;
maps, plans, scientific
drawings and, in
general, any production
in the literary, scientific
or artistic field
suitable for publication
by any system of
Chapter 1 Page 7
printing or reproduction at
present or hereafter known.
Legal representatives
or successors in title of authors,
translators, composers and
artists shall enjoy reciprocally and
in all respects the same rights
that this convention gives to
authors, translators, composers
and artists themselves.
Art. 2.
The printing, publication,
sale, exhibition,
importation or
Chapter 1 Page 8
export of
literary, scientific or
artistic works, made without
the consent of the
author, whether the
unauthorised reproductions
originate in one of the
contracting countries or
in any foreign country
shall prohibited absolutely
in both countries.
The same prohibition
equally applies to the
performance or the
execution in one of the
countries of dramatic or
musical works of authors
or compositors from the
other country.
Art. 3.
The authors of each of
the two countries shall enjoy,
in the other country, the exclusive
right of translation of
Chapter 1 Page 9
their own works during the
entire period this convention
gives them copyright
in respect of the work written
in the original language:
consequently the publication
of an unauthorised translation
shall be considered in all respects
as equivalent to the unlawful reprinting
of the original work.
Translators of ancient
or of modern works
which have entered the
public domain shall, insofar
as their translations are concerned,
enjoy copyright and the benefits
inherent therein; they may not,
however, oppose the translation
of the said works
Chapter 1 Page 10
by other authors.
The authors of
dramatic works shall
enjoy, reciprocally,
the same rights in
relation to the translation
or the performance of
translations of their
works.
Art. 4.
Works published
in instalments, as
well as literary,
scientific or critical essays,
chronicles, novels or
pamphlets and, in general,
all writings, other than
those concerning political discussions,
which are published in newspapers
or other periodical publications
by authors of either country,
shall not be reproduced
Chapter 1 Page 11
or translated in the other
country without the authorisation
of the authors or their successors
- in title.
Any indirect unauthorised appropriations
such as adaptations, imitations so-called
as "imitations in good faith", utilisations
transcriptions of musical works, and, in
general, any use made by way of printing
or on the stage of literary, dramatic or
musical works without the authorisation
of the author are also prohibited.
However publication in either of the two
countries of extracts or entire fragments
of the work from an author of the other
country, either
Chapter 1 Page 12
of the two
countries of extracts or entire fragments
of the work from an author of the other
country, either in the original language
or in translation, shall be reciprocally
lawful, provided that such publication is
particularly suitable for pedagogical purposes
and is accompanied by explanatory notes.
Art. 5.
In the case of violation
of the provisions of
this convention, the
Courts shall impose
the penalties fixed by the
respective legislations,
in the same manner as if
the infringement had been
committed to the prejudice
of a production
Chapter 1 Page 13
of a national author.
Art. 6.
It is agreed that if
one of the High Contracting
Parties grants to any other state
greater advantages than those
stipulated in this convention for
the guarantee of copyright,
such advantages shall equally
be granted, under the same
conditions, to the other High
Contracting Party.
Art. 7.
To facilitate the implementation
of this convention, the two
High Contracting Parties
shall be reciprocally obliged to communicate
to each other the laws,
decrees or regulations that
Chapter 1 Page 14
each of them has
promulgated or may hereafter
promulgate concerning
the protection and exercise
of copyright.
Art. 8.
The provisions of this
convention shall not in any way affect
the right which each of the two
High Contracting Parties expressly
reserves to itself to permit,
to supervise or to prohibit,
by means of legislation or
administrative action, the circulation,
performance or
exhibition of any work or
production against which
either state may consider it desirable
to exercise this right.
Chapter 1 Page 15
Art. 9.
This convention shall have effect
in France and in Spain,
as well as in the French colonies
and in the Spanish overseas provinces.
It shall come into force after the
exchange of ratifications and
at a time to be detetermined by common
agreement between the two
contracting governments.
This convention shall replace
the convention of November 15,
1853. Its provision shall be
applicable to works published
or performed after its coming
into force.
However, works whose
copyright is already
protected at the time of the
Chapter 1 Page 16
coming into force of this convention,
by the effect of the stipulations of the
convention of 1853, shall equally
enjoy the benefits of the new convention
during the life of the author
and fifty years after his death or,
if the author is already dead,
for the period of time left and necessary
to complete the period of
fifty years after his death.
The benefits granted by
the provisions of the previous
paragraph, in connection with
works published subject to the
protection of the convention of
1853, shall operate
exclusively for the benefit of
authors of these works or their
Chapter 1 Page 17
heirs, and shall in no manner
apply to assignees when
assignment took place prior
to the coming into force of this
convention.
Art. 10.
This convention shall be in force
for a period of six years
from the date upon which
it comes into force,
and thereafter shall continue in force
until such time as denounced
by one or other of the
High Contracting Parties and
for a period of one year thereafter.
The High contracting parties
reserve to themselves the
right to introduce, by
common agreement, into
this convention any
Chapter 1 Page 19
FINAL PROTOCOL
At the moment of proceeding to the signature
of the Treaty between Spain and France for the
reciprocal guarantee of [...]
Chapter 1 Page 24
Having examined the said Convention
followed by the Final protocol,
We should approve and approve,
by virtue of the law passed by the Senate
and the Congress of Deputies, the declaration
that it is accepted, ratified and confirmed and
we promise that it shall be inviolably observed
In witness whereof, we [ ... ]
Paris 21 July 1880
Jules Ferry
Chapter 1 Page 25
BACK COVER OF THE TREATY
Translation by: based on previous translation published in "Copyright laws and treaties of the world" (Paris: UNESCO ; Washington, D.C: Bureau of National Affairs, 1956)
Source: Archivo del Ministerio de Asuntos Exteriores; AMAE, Tratados s. XIX, nº 0311
Citation:
Franco-Spanish Bilateral Copyright Treaty , Madrid (1880), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
20 translated pages
Chapter 1 Page 1
COVER OF THE TREATY
Chapter 1 Page 2
The President
of the Republic of France
To all and singular to whom these Presents shall come,
Greeting
Copyright Convention
signed in Paris on 16
June 1880, between France
and Spain,
Convention with the following
content:
Chapter 1 Page 3
The President of the Republic of France
and His Majesty the King of Spain,
being equally desirous of guaranteeing
in a more efficient manner
the property of literary, scientific or artistic
works have deemed convenient
to conclude a new special convention
for that purpose, and have therefore
named as their Plenipotentiaries,
that is to say: -
The President of the
Republic of France,
Mr D. C. of Freycinet;
Senator; President of the Council,
Minister of Foreign Affairs, Officer
of the Legion of Honour, etc
Chapter 1 Page 4
His Majesty the King
of Spain,
[to] Mr Mariano Roca de
Togores, Marquis of Molins,
Viscount of Rocamora, Grandee
of Spain of the First Class
Knight of the Order of the Golden Fleece,
Grand Cross of Charles III,
Knight of Calatrava, Grand Cross
of the Legion of Honour,
of the Spanish Academy,
Senator of the Kingdom, His
Ambassador in Paris;
Who, after having
communicated to each
other their respective
full Powers, found
in good and due
form, have agreed
upon and concluded
the following Articles:
Art. 1:
From the day of coming into force
of this convention, authors
Chapter 1 Page 5
of literary work, scientific,
or artistic works, or
their sucessors in title,who,
in accordance with the laws
of one of the contracting states
establish their copyright or their right
of total or partial reproduction
lin such state, shall, subject to this ,
sole condition and and without
further formality, enjoy corresponding
rights in the other state, and shall be
able to exercise such rights there
in the same manner and
subject to the same legal
requirements as nationals.
Those rights shall be guaranteed to
the authors of the two countries
during their lifetime and
after their death
for fifty years
Chapter 1 Page 6
to their heirs, doneees,
legatees, assignees and
any other successors in title
in accordance with the legislation
of the country of the deceased author.
The term “literary,
scientific and artistic works”
includes books, pamphlets
and other writings;
dramatic works; musical
compositions and arrangements
works of drawing, painting,
sculpture , and engraving;
lithographs and illustrations;
maps, plans, scientific
drawings and, in
general, any production
in the literary, scientific
or artistic field
suitable for publication
by any system of
Chapter 1 Page 7
printing or reproduction at
present or hereafter known.
Legal representatives
or successors in title of authors,
translators, composers and
artists shall enjoy reciprocally and
in all respects the same rights
that this convention gives to
authors, translators, composers
and artists themselves.
Art. 2.
The printing, publication,
sale, exhibition,
importation or
Chapter 1 Page 8
export of
literary, scientific or
artistic works, made without
the consent of the
author, whether the
unauthorised reproductions
originate in one of the
contracting countries or
in any foreign country
shall prohibited absolutely
in both countries.
The same prohibition
equally applies to the
performance or the
execution in one of the
countries of dramatic or
musical works of authors
or compositors from the
other country.
Art. 3.
The authors of each of
the two countries shall enjoy,
in the other country, the exclusive
right of translation of
Chapter 1 Page 9
their own works during the
entire period this convention
gives them copyright
in respect of the work written
in the original language:
consequently the publication
of an unauthorised translation
shall be considered in all respects
as equivalent to the unlawful reprinting
of the original work.
Translators of ancient
or of modern works
which have entered the
public domain shall, insofar
as their translations are concerned,
enjoy copyright and the benefits
inherent therein; they may not,
however, oppose the translation
of the said works
Chapter 1 Page 10
by other authors.
The authors of
dramatic works shall
enjoy, reciprocally,
the same rights in
relation to the translation
or the performance of
translations of their
works.
Art. 4.
Works published
in instalments, as
well as literary,
scientific or critical essays,
chronicles, novels or
pamphlets and, in general,
all writings, other than
those concerning political discussions,
which are published in newspapers
or other periodical publications
by authors of either country,
shall not be reproduced
Chapter 1 Page 11
or translated in the other
country without the authorisation
of the authors or their successors
- in title.
Any indirect unauthorised appropriations
such as adaptations, imitations so-called
as "imitations in good faith", utilisations
transcriptions of musical works, and, in
general, any use made by way of printing
or on the stage of literary, dramatic or
musical works without the authorisation
of the author are also prohibited.
However publication in either of the two
countries of extracts or entire fragments
of the work from an author of the other
country, either
Chapter 1 Page 12
of the two
countries of extracts or entire fragments
of the work from an author of the other
country, either in the original language
or in translation, shall be reciprocally
lawful, provided that such publication is
particularly suitable for pedagogical purposes
and is accompanied by explanatory notes.
Art. 5.
In the case of violation
of the provisions of
this convention, the
Courts shall impose
the penalties fixed by the
respective legislations,
in the same manner as if
the infringement had been
committed to the prejudice
of a production
Chapter 1 Page 13
of a national author.
Art. 6.
It is agreed that if
one of the High Contracting
Parties grants to any other state
greater advantages than those
stipulated in this convention for
the guarantee of copyright,
such advantages shall equally
be granted, under the same
conditions, to the other High
Contracting Party.
Art. 7.
To facilitate the implementation
of this convention, the two
High Contracting Parties
shall be reciprocally obliged to communicate
to each other the laws,
decrees or regulations that
Chapter 1 Page 14
each of them has
promulgated or may hereafter
promulgate concerning
the protection and exercise
of copyright.
Art. 8.
The provisions of this
convention shall not in any way affect
the right which each of the two
High Contracting Parties expressly
reserves to itself to permit,
to supervise or to prohibit,
by means of legislation or
administrative action, the circulation,
performance or
exhibition of any work or
production against which
either state may consider it desirable
to exercise this right.
Chapter 1 Page 15
Art. 9.
This convention shall have effect
in France and in Spain,
as well as in the French colonies
and in the Spanish overseas provinces.
It shall come into force after the
exchange of ratifications and
at a time to be detetermined by common
agreement between the two
contracting governments.
This convention shall replace
the convention of November 15,
1853. Its provision shall be
applicable to works published
or performed after its coming
into force.
However, works whose
copyright is already
protected at the time of the
Chapter 1 Page 16
coming into force of this convention,
by the effect of the stipulations of the
convention of 1853, shall equally
enjoy the benefits of the new convention
during the life of the author
and fifty years after his death or,
if the author is already dead,
for the period of time left and necessary
to complete the period of
fifty years after his death.
The benefits granted by
the provisions of the previous
paragraph, in connection with
works published subject to the
protection of the convention of
1853, shall operate
exclusively for the benefit of
authors of these works or their
Chapter 1 Page 17
heirs, and shall in no manner
apply to assignees when
assignment took place prior
to the coming into force of this
convention.
Art. 10.
This convention shall be in force
for a period of six years
from the date upon which
it comes into force,
and thereafter shall continue in force
until such time as denounced
by one or other of the
High Contracting Parties and
for a period of one year thereafter.
The High contracting parties
reserve to themselves the
right to introduce, by
common agreement, into
this convention any
Chapter 1 Page 19
FINAL PROTOCOL
At the moment of proceeding to the signature
of the Treaty between Spain and France for the
reciprocal guarantee of [...]
Chapter 1 Page 24
Having examined the said Convention
followed by the Final protocol,
We should approve and approve,
by virtue of the law passed by the Senate
and the Congress of Deputies, the declaration
that it is accepted, ratified and confirmed and
we promise that it shall be inviolably observed
In witness whereof, we [ ... ]
Paris 21 July 1880
Jules Ferry
Chapter 1 Page 25
BACK COVER OF THE TREATY
Translation by: based on previous translation published in "Copyright laws and treaties of the world" (Paris: UNESCO ; Washington, D.C: Bureau of National Affairs, 1956)